Endangered species: flora and fauna. CITES
Find out if you can import protected fauna and flora species and what you need to do
For the import of specimens, their parts or derivatives, affected by the Washington Convention (Regulation (EC) 338/97) on the protection of species of wild fauna and flora (CITES Convention), the corresponding import permits or notifications must be presented at customs. Subject to this Agreement are, among others: ivory, tortoise shells, some hunting trophies, some live animals such as parrots, monk parakeets, etc.
There are certain items listed in Annex B (never Annex A) of Regulation (EC) 338/97 for which it is not necessary to present CITES import, export or re-export documents, as long as they are personal effects or household goods without commercial purpose contained in the personal luggage of travelers traveling to or coming from a third country outside the EU. This exception applies only to CITES specimens for non-commercial purposes; Therefore, shipments made over the Internet and imports or (re)exports made by companies or legal entities are not included.
- Sturgeon caviar (Acipenseriformes spp.): 125 g in individual packages
- Rain sticks (Cactaceae spp.): 3
- Crocodile (dead processed) (Crocodylia spp.): 4, except meat and hunting trophies
- Snails (Strombus gigas): 3
- Seahorses (Hippocampus spp.): 4, dead
- Giant clams (Tridacnidae spp.): 3 (without exceeding 3 kg in total weight)
- Agarwood specimens (Aquilaria spp. and Gyrinops spp.): up to 1 kg of wood chips, 24 ml of oil and 2 sets of beads or rosaries (or 2 necklaces or bracelets) per person.
In import operations, depending on the specimen, the following must be requested:
Import license: This permit is necessary to import into the European Union (EU) specimens of species included in Annexes A or B of Regulation (EC) 338/97. Issuance of these permits is regulated by article 4 of this Regulation, sections 1, 2 and 6. Importation requests must be made before arrival of the goods into the EU since an assessment must be carried out to determine if authorisation will be granted and an import permit issued (form included in annex I of the EC Regulation 865/2006).
At the time of import, the merchandise will be presented along with the import permit and the original of the foreign CITES document (export permit or re-export certificate from the country of origin), to the Customs of the first point of introduction into the EU.
Customs must complete box 27 of the import permit, providing the importer with a copy for the holder. The original import permit will be sent by Customs to the CITES Management Authority of the issuing country.
The merchandise must not leave the EU before the corresponding permit has been authorized and the inspection and customs procedures for this purpose have been completed.
In export operations, depending on the specimen, the following must be requested:
Export permit: This document is necessary to export or re-export from the EU specimens of species included in Annexes A, B or C of Regulation (EC) 338/97.
It must be requested and obtained prior to the departure of the merchandise . Its issuance is regulated by Article 5 of Regulation (EC) 338/97.
Customs must complete box 27 and provide the (re)exporter with the original copy (to be presented to Customs in the country of destination) and the copy for the holder. The copy will be sent by Customs to the CITES Management Authority of the country that issued it.
The merchandise must not leave the EU before the permit has been authorized and the corresponding inspection and customs procedures have been completed.
The CITES certificate can be obtained through the General Directorate of Biodiversity, Forests and Desertification of the Ministry for Ecological Transition and the Demographic Challenge.
It is recommended to apply for the Export Permit at least 15 days in advance.
If the established requirements are met, the CITES Management Authority will issue the corresponding (re)export permit/certificate. The applicant will be given the original copy (No. 1), the copy for the holder (No. 2) and the copy to be returned by customs to the issuing authority (No. 3).
The Prior Import Permit is a permit that is not valid in itself to carry out an import operation, however, it is required by the exporting or (re)exporting country before issuing a CITES (re)export permit/certificate for a wild specimen of a species included in Appendix I of the CITES Convention. Once the CITES (re)export document has been obtained, the holder may request the corresponding Import Permit.
Its emission is regulated by Article III, section 2, letter d) of the CITES Convention and by Article 4, section 1 of Regulation (EC) 338/97.
The maximum validity period of Prior Import Permits is one year from their date of issue ; Within this period, the (re)exportation of the goods to the country of origin/provenance may be requested. If the document expires before being used, it will no longer be valid and must be returned to the issuing CITES Management Authority.
- Certificate of private ownership: It allows an individual to travel through several countries for 3 consecutive years with their pet without having to obtain an import or export permit each time they enter or leave the EU. They must be live animals included in Annexes A, B or C of Regulation (EC) 338/97 legally acquired and whose possession is for personal purposes (pets), never commercial.
- Traveling Exhibition Certificate: It allows a circus or other type of traveling exhibition to travel through several countries for 3 consecutive years without needing to obtain an import or (re)export permit each time it enters or leaves the EU. This Certificate is only valid for specimens included in Annexes A, B or C of Regulation (EC) 338/97 legally acquired as part of a travelling exhibition and for specimens born and bred in captivity, or for those acquired before their inclusion in the Appendices/Annexes (pre-Convention).
- Import Notification: Necessary for importing into the European Union specimens of the species included in Annexes C and D of Regulation (EC) No 338/97.
- EU CITES Certificate: The carrying out of commercial activities within the EU of specimens of species included in Annex A of Regulation (EC) 338/97 is prohibited. Commercial activity is understood to be the purchase, offer to purchase, acquisition, display to the public for commercial purposes, use for profit and sale, putting on sale, transport or holding for sale. The control of these activities is provided for in Article 8 of Regulation (EC) 338/97. However, exceptions may be granted, studied on a case-by-case basis, issuing a CITES Certificate, valid only for transactions within the EU, indicating the activities for which the specimens can be used, only in certain cases.